Delta State School of Marine Technology, Burutu Law, 2006

DELTA STATE SCHOOL OF MARINE TECHNOLOGY, BURUTU LAW, 2006

1. Short Title and Commencement. This law may be cited as the Delta State School of Marine Technology, Burutu Law, 2006 and shall come into force on the 2nd day of August, 2006.

2. Interpretation. In this Law unless the context otherwise requires: "Academic Year" means such period not exceeding twelve consecutive months as the Polytechnic may from time to time prescribe. "Academic Board" means the Academic Board of the School. "Appropriation Law" means Appropriation Law of the State and includes Supplementary Appropriation Law. "Council" means Governing Council of the School. "Commissioner" means Commissioner for Education. "Congregation" means a body of staff of the School made up of the Provost, the Deputy members of the academic staff, persons holding such appointments at the School as the Council may from time to time determine. "Financial Year" means the period commencing and ending on the first and last day respectively of each year. "Government" means the Delta State Government. "Governor" means the Governor of Delta State. "School" means the Delta State School of Marine Technology, Burutu with multi-campuses in Gbaregolo and Kwale, established under section 3 of this Law. "Provost" means the executive Head of the Academic Administration of the School. "Registrar" means the Registrar of the School. "State" means Delta State of Nigeria. "Students" the duly registered students of the School. "Transition period" means that period when the School is under the Administration of the Interim Advisory Team under Part X of this Law. "Visitor" means the Governor of Delta State.

3. Establishment of the School. (1) There is hereby established in the State an institution to known as the State School of Technology, Burutu With multi-campuses at Gbaregolo and Kwale (herernafter referred to as "the School") which shall strive to be a centre of excellence in the of its courses of study and/or training. (2) The School shall be a body corporate with perpetual succession and a common seal, with power to sue and sued its in its corporate name, hold and dispose of property movable or immovable for the purposes of this Law.

4. Constitution of the School. The School shall consist of: (a) the Visitor; (b) Chairman of the Council; (c) the Provost; (d) the Council; (e) the Academic Board; (f) the Congregation; (g) the Department and other Teaching or Research Units; (h) holders of the other offices created by part IV of this Law, that are not mentioned in foregoing provisions of this section; (i) all graduates and students; and (j) any Office, authority, unit, department, post or status created under this Law or by any other or statue of the School.

5. Objects and Functions of the School. (1) The objects of the School shall be to: (a) encourage the advancement of learning and to bold to all persons, especially of race, creed, ethnic background, sex or political conviction of the opportunity of acquiring a tertiary education; (b) provide courses of instruction and other facilities for the pursuit of learning and skills acquisition in nautical science, seamanship, fisheries, marine technology engineering, and work in the development of techniques, and (c) undertake any other activity appropriate for a center of learning of highest standard. (2) In pursuance of its objectives, the School shall as its resources permit, provide facilities for such academic and or training programmes it thinks desirable, including the following: (i) courses of instruction on full time, part time or distant learning basis leading to the award of National Diploma, Higher National Diploma and related certificates in nautical science and marine technology, other related distinctions and such other subjects considered relevant to the objects of the School from time to time; (ii) innovation, creativity and the conduct of excellence in nautical science and seamanship; (iii) cooperative work in the development of indigenous fisheries skills and technology and the adaptation of imported methodologies; (iv) the promotion of cultural values in the public domain leading to the appreciation of indigenous development; (v) conferences, workshops, seminars, study groups and related activities; (vi)studies and training courses relevant to the manpower needs of Delta State and the country; and (vii) such other activities as may in the opinion of the Council serve to promote the objects of the School.

6. Powers and Functions of the School. For the purpose of carrying out its general objectives as provided in section 5 of this Law, the School shall have power to: (a) establish and develop departments and other teaching and research units as may seem necessary or desirable; (b) prescribe its regulations the conditions (including conduct of entrance examination of the School) under which a person may be admitted as student of die School for a particular course of study in School and m accordance with rules and regulations of the National Board for Technical Education; (c) demand and receive from any other person attending the School for the purpose of instruction such fees as the School may from time to time determine; (d) enter into contracts, establish trusts, act as trustees solely, or jointly with any other persons, employ and act through agents; (e) enter into agreement with any other institution for the incorporation of or affiliation with the School, or any other institution; (f) erect provide, equip, and maintain libraries, workshops, lecture halls, staff houses, halls of residence, refectories, sports grounds, playing fields and other buildings or facilities necessary or convenient for carrying on its functions under this Law; (g) hold public lectures, produce and publish for sale works of research and such other works as may from time to time be thought fit by the School, subject to existing copyright laws; (h) accept gifts, legacies, donations and endowments but without obligation to accept the same for a particular purpose unless it approves the terms and conditions attached thereto; (i) borrow, whether at interest or not, if need be upon the security of property, movable and immovable of the School, such monies as the Council may, from time to time, find necessary or expedient to borrow, subject to the condition that the total of such borrowing shall not exceed fifteen percent of the current approved annual expenditure; (j) prescribe rules and regulations for the discipline of students and staff of the School; (k) arrange and provide for the welfare of the students and staff of the School; (l) make provision for research, design, development, testing, advisory and consultancy services; and in promoting these functions to enter into such arrangements with other institutions or public bodies as may be thought desirable and to charge to the users of such services such fees as may thought necessary; (m) institute and award national and ordinary diploma, scholarship, fellowships, exhibitions, bursaries, medals, prizes and other titles, distinctions, awards and forms of assistance to students and other persons deserving both in learning and character; (n) create posts and offices tenable at the School subject to such conditions of service as the School may make or adopt with respect to such posts or offices as well as power to discipline any holder of such posts or offices; (o) do all such things or acts as the School may from time to time deem necessary for carrying out any of its functions under this Law; and (p) without prejudice to the provisions of section 5 of this Law, the School may by special arrangements of affiliation with other institutions, prepare its students for the diplomas or certificates of such other institutions.

7. Establishment of the Council. (1) There is hereby created for the School, a governing council to be known as "the Council". (2) The Council shall consist of the following members: - (a) a Chairman; (b) the Permanent Secretaries of the Ministries of: (i) Education; (ii) Finance; and (iii) Commerce and Industry. (c) the Provost; (d) the Deputy Provost; (e) a member of the Academic Board of the School elected by that body for 2 years in the first instance and for another term of 2 years only; (f) a member representing the Congregation for a period of two years in first instance and for another term of 2 years only; (g) eight other members to be appointed by the Visitor as follows: - (i) a representative of the Delta State Chambers of Commerce; (ii) a representative of the Nigerian Society of Engineers; (iii) a representative of one of the other professional bodies; (iv) a representative of the Delta State University; (v) two distinguished members of the public; and (vi) a representative of the National Board for Technical Education. (3) Except the ex-officio members, the Chairman and Other members of the Council shall hold office for a period of four years and may be re-appointed for another four years. (4) The quorum for the meetings of the Council shall be one-third of members including the Chairman. (5) The Council shall meet at least three times in any academic year and shall have power to make rules regulating its own procedure.

8. Functions of the Governing Council. (1) Subject to the provisions of this Law relating to the Visitor, the Council shall be the governing body of the School and shall be charged with the general and superintendence of the policy, finance and property of the School. (2) The Council shall coordinate and where appropriate harmonize the activities of the School. (3) The Council may make statutes regulating the constitution and conduct of the School and its authority or matters connected therewith. (4) To do such other things that are necessary to give full effect to the provisions of this Law.

9. Powers of the Council. The Council shall: (a) be responsible for the formation of policies relating to the affairs and object of the School and in particular the control of the property and the finances of the School and shall also have power to do anything which in its opinion is calculated to facilitate the carrying out of the purposes of School and promote its interest; (b) have power to appoint committees from among its own members and from other experienced persons where desirable and to delegate to them such of its powers and duties as it thinks fit and make rules for the conduct of the business of the committees; and (c) have power to delegate as the case may be all or any of its powers not exclusively to be exercised by the Council itself to committees of the Council or to the Provost as it thinks fit and from other experienced persons where desirable; and have powers to make rules for the purpose of carrying out any of its functions.

10. Allowances for Members. Except the principal officers and staff of the School, there shall be paid to the members of the Council or any of his committees, sitting and travelling allowances and other reasonable at such rates as may from time to time be fixed in line with resources available to the School.

11. Establishment and Membership of the Board. (1) There is hereby created Academic Board (referred to as the Board) which shall have direct control over the academic matters of the School and shall consist of: (a) the Provost; (b) the Deputy Provost; (c) the Heads of Academic Units; (d) all Senior Lecturers of the School; (e) all Heads of Departments; (f) one member anointed by the Board from the academic staff of Delta State University; and (g) members of academic staff that may be elected, the number of which shall not be more than one-third of the members of the Board. (2) The Provost shall be Chairman at all meetings of the Board and, in his absence, the Deputy Provost shall preside. (3) Appointed or elected members of the Board shall hold office for a period of two years and may be re-appointed or re-elected for another term provided an elected or appointed member who has served two terms may be elected or appointed after an interval of not less than five years.

12. Powers of the Academic Board. The Board shall have powers to: (a) set up committees from among its own members and delegate to them such of its powers and duties as it thinks fit; (b) setup advisory committees from among its own members and from other experienced persons where it considers it desirable to do so; (c) make rules for business of its committees for the purpose of exercising any of its functions or for regulating its own procedure; and (d) nothing in this section shall be construed as authorizing the Board to delegate to a committee the power to take final decisions on behalf of the Board but such a committee of the Board may be authorized to make recommendations to the Board on any such matters.

13. Functions of the Academic Board. Subject to provisions of section 5 of this Law, the Board shall be responsible for: (a) the establishment, organization and of the control of the departments and other teaching units of the School, allocation of responsibilities of different departments; (b) the organization and of courses of study and the conduct of examinations thereof including appointment of both internal and external examiners; (c) recommendations for the award of diplomas, certificates and such other as may be prescribed in connection with such examinations; (d) the supervision of the welfare of student at the School and regulation of their conduct; and (e) the granting of scholarships, bursaries, medals, prizes and similar awards in so far as the awards are within the control of the School.

14. The Congregation. (1) There is hereby created for the School a Congregation which shall consist of: (a) the Provost; (b) the Deputy Provost; (c) the Librarian; (d) all members of the Academic staff; (e) the Registrar; (f) the Bursar; and (g) every member of the administrative staff who holds a degree of any recognized University not being an honorary degree. (2) The Provost shall be the Chairman of the Congregation at all its meetings. (3) The quorum of the Congregation shall be two-thirds of its members. (4) The Congregation shall meet at least once in an academic year. (5) The Registrar shall be the secretary to the Congregation in all its meetings, and where he is absent or is otherwise unable to function, such member of the Congregation as the Congregation may elect for such purpose, shall act in his place.

15. Departments and Functions. (1) The number of academic departments of the School shall be determined from time to time by the Council on the recommendation of the Board. (2) For each department, a Board of Studies shall be constituted consisting of: (a) every academic staff of the department who holds a full-time post in the School of the grade not lower than that of Assistant Lecturer and with a tenure extending over a period of not less than one year; (b) such member of the academia as School may appoint at the request of the Departmental Board or the School Board concerned. (3) Head of Department shall Chairman at all meetings of the Departmental Board. (4) There shall be in each department a Head of Department who shall be at least a principal lecturer, appointed by the Provost upon the recommendation of the School Board for a term of three years. (5) The Head of Department shall exercise general superintendence over the academic and administrative affairs of the Department. (6) The Departmental Board shall have the power to; [Powers of the Departmental Board.] (a) review the teaching and courses of study in the department and make recommendations to the Academic Board; (b) review the welfare and academic progress of the students with which it is concerned and advise the Head of Department upon: (i) the financial estimates of the Department; (ii) allocation of duties among the academic staff; (iii) the allocation of technical, secretarial and administrative staff; and (iv) department development. (c) study and examinations in the field of study concerned.

16. The Chairman of Council. (1) The chairman of the Council shall be appointed by the Visitor. (2) Subject to provisions of this Law, the Chairman of the Council shall hold office for a period of four years, commencing from the date of his appointment. (3) The Visitor may exercise his authority to remove the Chairman in accordance with the provisions of this Law.

17. Functions of the Chairman of the Council. (1) The Chairman of the Council shall in relation to the School, take precedence over all members of the School except the Visitor and the Provost except when acting as a Chairman of Congregation or Convocation or in the course of performing his academic and executive functions. (2) Chairman of Council shall chair meetings of the Council or Joint Council/Management meetings.

18. The Provost. (1) There shall be a Provost for the School who shall be the chief academic and executive officer of the School, and shall be responsible for the day-to-day administration of the affairs of the School. (2) The provost shall be appointed by the Visitor on the recommendation of the Council from among persons of academic eminence of not below the status of a Chief Lecturer in the School or senior Lecturer of a University on such terms and as may be specified in his instrument of appointment. (3) Subject to the provisions of this Law, the Provost shall hold once for a period of four (4) years in the first instance and Shall be eligible for reappointment for a second term.

19. The Deputy Provost. There shall be a Deputy Provost for the School appointed by the Council who shall assist the Provost in the day-to-day running of the School.

20. The Registrar. (1) There shall be a Registrar of the School who shall be appointed by the Council and shall be responsible to the Provost for the administration of the affairs of the School. (2) A person holding the office of the Registrar shall by virtue of that office be the Secretary to the Council, the Board and the Congregation. (3) The Registrar shall hold office on such terms and conditions as may be specified in his instrument of appointment.

21. Bursar. (1) There shall be a Bursar for the School who shall be appointed by the Council and shall be responsible to the Provost for the financial administration of the School. (2) The Bursar shall hold Office on such terms and conditions as may be specified in the instrument of appointment.

22. Librarian. There shall be Librarian who shall be appointed by the Council on such conditions and terms as may be specified in the instrument of appointment and shall be responsible to the Provost for the library services of the School.

23. Deputy Registrar of Student Affairs. (1) There shall be established in the School the office of the Deputy Registrar of Students Affairs who shall be appointed by and responsible to the Provost. (2) The Deputy Registrar of Students Affairs who shall not be below the rank of a chief lecturer shall hold office for two years. (3) There shall be established in the School a Student Welfare Board or Committee made up of such number of staff and student representatives with appropriate terms of reference as may be determined by the Academic Board.

24. Director of Sports and Management Board. (1) There shall be established in the School a department of Sports to be headed by a Director of Sports. (2) Director of Sports who shall be appointed by the Provost shall not be a principal officer. (3) There shall be established a Sports Management Board, whose Chairman shall be appointed by the Provost after due consultation with the Board.

25. Appointment of Principal Officers. (1) When a vacancy occurs in the office of a Deputy Provost, the appointment shall be nude by the Council on the recommendation of the Provost after due consultation with the Board. (2) When a vacancy occurs in office of the Registrar or Bursar, a Selection Board consisting of: [Appointment of Registrar and Bursar] (a) the Chairman of Council; (b) the Provost; (c) two members appointed by the Council not members of the Board nominated by the Board; and (d) two members appointed by the Council not below the rank of a chief lecturer, shall be constituted for the purpose of selecting such an officer. (3) selection Board after making such inquiries as it thinks fit, shall recommend a candidate to the Council for appointment to the vacant office. [Appointment of Registrar and Bursar] (4) The said officers shall hold office for such period and on such terms as to the emoluments of their respective offices as may be specified in the instruments of appointment. [Appointment of Registrar and Bursar] (5) Any question as to the scope of responsibility of the appointed officers shall be determined by Provost. [Appointment of Principal Officers]

26. Resignation. (1) Any officer in the provisions of this part may resign his office in case of the Provost by giving six months notice in writing to Visitor through the Council, and in any other case, by three notice to the Council. (2) For the purpose of filling such vacancies, the Board shall set a Selection Board to select suitable candidates and make recommendations to the Board and Council.

27. Creation of Academic Post. Recommendations for the creation of academic posts other than those mentioned in this Law shall be made by the Board to the Council through the Finance and General Purposes Committee.

28. Appointment of Academic Posts. (1) Subject to this Law and the Regulations, appointments for the filling of vacancies in academic posts shall be the responsibility of the Board except that no new posts may without the approval of Council. (2) For the purpose of such vacancies die Board shall set up a Selection Board to select suitable candidates make recommendations thereon to and Council. (3) Selection Board may interview candidates directly or consider their appointments with the assistance of assessors or specialist panel as deemed appropriate.

29. Appointments & Promotions Committee. (1) Recommendations for the creation of academic posts other than principal officers of the School shall be made by the Board to the Council and the filling of vacancies in such posts shall be the responsibility of the Council. (2) For the purpose of filling any such vacancies, there shall an Appointments and Promotions Committee, which shall interview the prospective candidates and make recommendations to the Council. (3) The Appointments and Promotions Committee shall consist of: (a) the Provost who shall be the Chairman; (b) two members of the Council to be selected by the Council; (c) four members of the Board; (d) such experts not exceeding two in the Academic Board may appoint from time to time. (4) All appointments into Senior Library positions shall be made in accordance with subsection (3) and Librarian shall a member of the Appointments and Promotions Committee.

30. Appointment of Technical Staff. The administrative and technical staff shall be appointed by the Provost subject to the approval of the Council.

31. Conditions of Service. The remuneration and other conditions of service for members of the academic, administrative and technical staff shall be determined in line with any existing structure as may be approved by the Council.

32. The Visitor. (1) The Governor shall be the Visitor of the School. (2) In addition to other powers and functions conferred upon him under this Law, the Visitor shall, as he may consider necessary, conduct a visitation of the school or direct that such a visitation be conducted by such persons in respect of such affairs of the School as he may specify in the direction. (3) It shall be the duty of the bodies and officials comprised in the School to: (a) make available to the Visitor and other persons conducting an investigation in pursuance of this section, such facilities and assistance as may reasonably be required for the purpose of a visitation; and (b) give effect to any instruction consistent with the provisions of this Law which may be given by the Visitor in consequence of a visitation. (4) Nothing in this section shall prevent the Visitor from setting up a commission of inquiry to investigate such matters as may appear to him to require investigation whether in consequence of facts disclosed in a visitation or not and for the purpose of such inquiry the provisions of the Commissions of Inquiry Law in force for the time being in the State, shall apply.

33. Power to decide Meaning of Statute. (1) In the event of any doubt or dispute arising at any time as to the meaning of a provision of a statute or regulation the matter may be referred to the Visitor for interpretation. (2) The interpretation of the Visitor on any matter referred to him under this section shall be binding upon authorities, staff and students of the School, and where any question as to the meaning of a provision of a statute or regulation has been decided by the Visitor under this section, no question as to the meaning of that provision shall be entertained except by a court of law. (3) The provisions of this section shall apply in relation to any doubt or dispute as to whether a matter for the purpose of this Law is an academic or a non-academic matter.

34. Removal and Discipline of Senior Staff and others. (1) If it appears to the Council that a member of the Council should be removed from Office on the ground of misconduct or inability to perform the functions of his office, the Council shall make recommendations to that effect through the Commissioner to the Visitor, who after making such inquiries, may in writing signed by him remove such a person from office. (2) A copy of the Visitor’s direction under subsection( 1) of section shall be served on the affected member.

35. Gross Misconduct. (1) Where it appears to the that there is an act or omission on the part of a senior staff which amounts to gross misconduct and prejudicial to the interest of the School he shall submit the particulars of misconduct to Council. (2) If it appears to the Council that there are reasons for believing that a staff concerned should be removed from his office or employment on the grounds of misconduct or of inability to perform the functions of his office or employment, the Council shall: (a) give notice of those reasons to the person in question; (b) afford him an opportunity of making representation on the matter to the Council; (c) if he or any three members of the Council so request within the period of one month beginning from the date of the notice make arrangements for: (i) a joint Committee of the Council and the Board to investigate the matter and report on it to the Council; and (ii) the person in question to be afforded an opportunity of appearing before it and being heard by the investigating Committee with respect to the matter. (3) If the Council after considering the report of the investigating committee, is satisfied that the person in question be removed from the Office or employment he shall be so removed by an instrument in writing signed by the Registrar on direction of the Council. (4) (i)The Council may suspend or terminate the appointment of any staff on the grounds of: (a) Physical or mental incapacity which the Council after obtaining medical advice considers to be such as to render the person concerned unfit to continue to hold his office, or conduct of scandalous or disgraceful nature which the Council considers to be such as to render person concerned unfit to continue to hold office, or (b) conduct which the Council considers constitute failure or inability of the person concerned to discharge functions of his office or to comply with the terms and conditions of his service, or conduct which the Council considers to be generally of such a nature as to render the continued service of person concerned prejudicial or detrimental to the interest of the School. (ii) A person suspended pursuant to subsection (3) of this section shall be on half pay and the Council shall before the expiration of three months after the date of such suspension, consider the case against that person and come to a decision as to whether: (a.) such staff shall continue with such suspension and if so on what terms (including the proportion of the emoluments to be paid to him), or (b.) to terminate the appointment of such staff concerned, and (c.) where the Council, pursuant this section decides to continue a staff’s suspension or to take further disciplinary action against a staff, the Council shall, before the expiration of a period of three months from such decision, come to final determination in respect of the case concerning such staff. (5) Any decision taken by the Council pursuant to this section Shall be served on the staff to whom it relates. (6) Nothing in the foregoing provisions of this section shall prevent the Council from making regulations for the discipline of other categories of staff and workers of the School.

36. Students Discipline. (1) Council shall draw up regulations in respect of the suspension or expulsion of students on grounds of serious misconduct. (2) Subject to the provision of subsection (1 ) where it appears to the Provost that any student of the School has been guilty of misconduct, the Provost may on the recommendation of the Academic Board and without prejudice to any other disciplinary powers conferred on him by this Law or by the Council, direct that: (a) the student shall not during such as maybe specified in the direction participate in such activities of the School or make use of such facilities of the School as may be specified; or (b) the activities of the student shall during such periods as may be specified in the direction be restricted; (c) the student be expelled from the School; or (d) the student is advised to withdraw from the institution. (3) The Provost may delegate his powers under this section to a disciplinary body consisting of such members as may think fit. (4) Where a directive is given under sub-section (2) (c ) or (d) of this section in respect Of any student, the student may, within thirty days appeal against the directive to the Council and when such an appeal is brought, the Council shall after causing such an inquiry to be made in the matter as the Council considers just, either confirm or Set aside the directive or modify it in such manner as the Council thinks it fit. (5) An appeal against a directive brought pursuant to subsection (4) of this section, shall not operate as a stay of any directive made by the Provost. (6) Nothing in this section shall be brought as a ground for preventing the restriction or termination of a student’s activity in the School other than on the ground of misconduct.

37. Misconduct. For the purpose of this Part, "misconduct" includes any act or omission which is scandalous or tends to bring the School into disrepute and includes, sale of handouts and other instructional materials to students, award of examinations marks for consideration, sexual harassment, insubordination to constituted authority, membership of a secret cult or similar group or body, gangsterism, absenteeism, failure to perform duties, repeated drunkenness or improper comportment, examination malpractices, leaking of question papers or any examination material and such other conduct which the Council may consider questionable of a staff or student of the School.

38. Funds of the School. The revenue of the School shall consist of: (a) such sums as are accruable to the School by way of grants; (b) fees charged by and payable to the School by or on behalf of the students; (c) any other amounts, charges or dues recoverable by the School; (d) interests on investments; (e) donations, legacies, endowments accruing to the School from any source for the general or special purpose of the School, including rents from the letting or hire of any property; and such other monies as may accrue to the School from any other source.

39. Finance and General Purposes Committee. (1) There shall be a committee of the Council to be known as the Finance and General Purposes Committee consisting of: (a) the Chairman of the Council who shall be the Chairman of the Committee; (b) the Provost; (c) the Deputy Provost; (d) three Other members of Council representing other bodies of the School; (e) the State Commissioner for Finance or his representative. (2) The quorum shall be four exclusive of the Provost. (3) Subject to any directive given by the Council, the Committee may regulate its own proceedings.

40. Annual. (1) The Council shall within three months to the end of the financial year, submit through the Commissioner for the approval of the Visitor, the annual budget showing estimates for revenue and expenditure of the School in respect of the ensuing year. (2) No expenditure shall be incurred by the School except in accordance with the annual estimates contained in the Appropriation Law or Supplementary Appropriation Law of the current financial year.

41. Accounts and Audit/annual Report. (1) The School shall: (a) keep proper account of its assets, liabilities, revenue and expenditure For each financial year; and (b) prepare a statement of accounts containing such particulars that show the true financial position of the School. (2) The Accounts of the School shall be audited annually. (3) Not later than the month of June every year, the Chairman of the Council shall forward copies of the annual report and the audited accounts in respect of the immediate preceding financial year to the Visitor through the Commissioner.

42. Payment into Bank and Signatories to Bank Account. (1) All monies received on account of the School shall be paid into to such bank or banks as may be approved by the Council for the credit of the School's general current or deposit account, provided that the Council may, subject to the provisions of this Law, invest as it deems fit any money not required for immediate use. (2) The Bursar and the Registrar shall be signatories to a bank account of the School.

43. Authentication. (1) The Seal of the School shall be authenticated by both the Provost and the Registrar. (2) A document purporting to be a document executed under the Seal of the School as aforesaid shall be received in evidence and shall unless the contrary is proved, be deemed to be executed. (3) A contract or instrument which if made or executed by a person not being a body corporate would not be required to be under seal, may be made or executed on behalf of the School by a person generally or specifically authorized to do so by the Council or the Board.

44. Powers of the School to make Rules or Regulation. (1) Subject to the provisions of this Law, the School may make rules or regulations for any of the following purposes: (a) the composition and constitution of any authority or the School; (b) the exercise of power and duties of any authority of the School and regulating performance of any other incidental matters; (c) the admission, discipline and welfare of students, the conditions of service of any cadre of its staff; and (d) other matters for which provision is authorized or required by this Law.

45. Mode of Exercising Regulatory Powers. (1) A proposed rule or regulation shall not be binding unless it has been approved at a meeting of the Council and/or Board by votes of not less than two- thirds of members present and voting. (2) For the purpose of sub-section (1) of this section, a proposed rule may first be introduced by the Council or Board.

46. Power of the Committee. (1) Any body established by this Law may without prejudice to generality of its power appoint a committee and authorize such committee to: (a) exercise, on its behalf, such of its functions as it may determine; and (b) co-opt members, and may direct whether or not such co-opted members (if any) shall be entitled to vote in such committee. (2) Two or more of such bodies may arrange for the holding of joint meetings for the appointment of committees consisting of members of those bodies, for the purpose of a matter within the competence of those or any of them dealing with it or reporting on it to those bodies or any of them. (3) Except as may be otherwise provided by statutes or regulations, the quorum and procedure of a committee established or meeting held in pursuance of this section shall be such as may be determined by the body or bodies which have decided to establish the Committee or hold the meeting. (4) Nothing in the foregoing provisions of this section shall be construed as enabling: (a) statutes to made otherwise than in accordance with this Law, or (b) any other body to make regulations or to award degrees or other qualifications otherwise than in accordance with this Law. (5) The Chairman of Council and the Provost shall be members of every committee of which the members are wholly or partly by the Council (other than a committee appointed to inquire into the conduct of the officer in question).

47. Validity of Proceedings. The validity of any proceedings of a body established in pursuance of this Law shall not be affected by vacancy in membership of the or defect in the appointment of any member of the body, or by reason that a not entitled to do so took part in the proceedings.

48. Conflict provision. In the event of any statute or regulation being inconsistent with provisions of this Law, the statute or regulation shall to the extent of that inconsistency be void.

49. Validation. Anything done or purportedly done in furtherance to and in connection with the establishment of the School before this Law is hereby validated.

50. Establishment of Interim Advisory Team. There shall be established a body known as the "Interim Advisory Team" which shall perform the specific functions and duties on part namely: (i) approval of the process of recruitment of core staff in the school; (iii.) advising the Council in the planning process of setting up and establishing the School; (iii) considering and approving the annual implementation plans produced by the Council; (iv)contributing to the bi-annual review process; (v) liaising with the National Board of Technical Education and other relevant Federal bodies; and (vi.) ensuring strict compliance by the School with the existing policies on higher education in the Federation.

51. - The Interim Advisory Team shall consist of the membership of the Delta State Polytechnics Interim Advisory Team.

52. - For the purpose of funding its activities, the Interim Advisory Team shall submit an annual budget or estimates of its financial requirements from year to year through the Commissioner to the Government for approval and inclusion in the annual budget.

53. - (1) The transition administration of the School shall be in force for three years from the commencement of the agreement unless same is extended by the Visitor by an order published in the official gazette of the State. (2) During the period of the transition administration of the School established under this Law, the School shall function under general and/or specific directives of the Interim Advisory Team. (3) Upon the expiration of the three years or extension thereof the bodies, authorities holders of offices and general administration of the School shall assume their full tenor and effect without anything more to be done provided that anything done or purported to be done by the Interim Advisory Team that is in conformity with the Law remain valid.